Regulation 6 Reference of matters to overview and scrutiny committeesI1
England and Wales
The local authority must ensure that it enables—
any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee;
any member of a sub-committee of an overview and scrutiny committee of the authority to refer to the sub-committee any matter which is relevant to the functions of the sub-committee; and
any member of the authority to refer to an overview and scrutiny committee of the authority of which the member of the authority is not a member any matter which is relevant to the functions of the committee and is not an excluded matter.
For the purposes of paragraph (1), a local authority enables a person to refer a matter to a committee or sub-committee if it enables the person to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.
In considering whether or not to exercise the power which they have by virtue of paragraph (1)(c) in any case, the member must have regard to guidance for the time being issued by the Secretary of State.
Guidance under paragraph (3) may make different provision for different cases.
Paragraphs (6) to (9) apply where a matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to paragraph (1)(c).
In considering whether or not to exercise any of its powers under regulation 4(2) in relation to the matter, the committee may have regard to—
any powers which the member may exercise in relation to the matter by virtue of section 236 of the 2007 Act (exercise of functions by local councillors in England); and
any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under regulation 4(2) in relation to the matter.
If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—
its decision; and
the reasons for it.
The committee must provide the member with a copy of any report or recommendations which it makes under regulation 4(2).
Paragraph (8) is subject to regulation 8.
In paragraph (1)(c) “excluded matter” means any matter which is—
a local crime and disorder matter within the meaning of section 19 of the 2006 Act; or
a matter of any description specified in an order made by the Secretary of State for the purposes of section 9FC of the 2000 Act.